Resolving Engineering and Construction Disputes in Zimbabwe

An engineering and construction dispute in Zimbabwe is determined by the provisions of the contract. In the absence of a contract between the parties, resolution of engineering and construction disputes in Zimbabwe is in terms of clause 69 of the Zimbabwe General Conditions of Contract for Works of Civil Engineering Construction Fourth Edition (1984) ZGCC.4

The High Court of Zimbabwe in Dohne Construction (Pvt) Ltd v Unki Mines (Pvt) Ltd HH 43-21 at para 3 held that:

"This is a matter squarely predicated on contract and consequent contractual obligations. The parties' relationship, rights and duties are governed within the four corners of the engineering and construction contract between the parties. Disputes arising out of the performance of the contract are thus determined by the provisions of that contract. These provisions provide an elaborate adjudication process for dispute resolution and make that process part of the contractual terms, quite unlike the dispute resolution processes of the Arbitration Act [Chapter 7:15] or the Labour Act [Chapter 28:01]. It is a process sui generis which purpose is dictated by business convenience and the need to speedily and effectively resolve commercial disputes. As remarked by Zhou J, this is not a situation unique to Zimbabwe, but part of a growing jurisprudence obtaining in such countries as South Africa and the United Kingdom, which purpose is to promote modern commerce. The courts have thus embraced a robust approach to enforcement of adjudicators' decisions in accordance with the terms of the contracts between the parties."